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498a false witness

Querist : Anonymous (Querist) 08 June 2024 This query is : Resolved 
My wife has filed 498A case against me, wherein my neighbor is witness in 161 CRPC. The police fabricate false evidence against me. I have shown copy of 161 CRPC to my neighbor & he is surprised & stated that police fabricates his statement.
Charge is not framed till date. My neighbour wants to exit from the case as witness and has agreed to submit affidavit in chief stating that he didn't make any statement against me before police.
Is it possible now ?
T. Kalaiselvan, Advocate (Expert) 09 June 2024
It can be possible at the time of trial where this witness would be summoned to depose evidence.
Advocate Bhartesh goyal (Expert) 09 June 2024
Yes, in trial of case your neighbor as witness can submit true and correct facts before court.
S.JEEVAGAN, Madurai. (Expert) 10 June 2024
The trial commences once the charges are framed. Summons will be sent to the witnesses after the framing of charges against the accused. The witness can wait till the commencement of the trial and depose in the court that he/she never made statements under section 161 of Cr.P.C. to the Investigating Officer (I.O.).

Also, the witness can make a complaint to the Superintendent of police/ Comissioner of police against the said Investigating officer for filing fabricated statements in the court of law as if the witness has made such a statement before the I.O. Such a complaint can be made even before the commencement of the trial.

If the witness is strong enough to make such a complaint against the said Investigating officer, it will be a great service to the criminal justice system because it will be a check on many corrupt Investigating Officers who are filing fabricated "161 statements" as a routine practice.
P. Venu (Expert) 11 June 2024
Yes, the witness can depose the truth during the trial.

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